Rendon Marin (Judgment : Citizenship Of The Union): ECJ 13 Sep 2016

ECJ (Grand Chamber) Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of a third-country national with a criminal record to reside in a Member State – Parent having sole care of two minor children, who are Union citizens – First child possessing the nationality of the Member State of residence – Second child possessing the nationality of another Member State – National legislation precluding grant of a residence permit to the father because of his criminal record – Refusal of residence capable of resulting in the children being obliged to leave the territory of the European Union
As to the case law: ‘the common feature that, although they are governed by legislation which falls, a priori, within the competence of the member states, namely legislation on the right of entry and residence of third-country nationals outside the scope of provisions of secondary legislation which provide for the grant of such a right under certain conditions, they nonetheless have an intrinsic connection with the freedom of movement and residence of a Union citizen, which prevents the right of entry and residence being refused to those nationals in the member state of residence of that citizen, in order not to interfere with that freedom.’


K. Lenaerts, P


[2017] CEC 527, [2016] EUECJ C-165/14, [2017] QB 495, [2017] Imm AR 205, [2016] WLR(D) 481, [2017] 2 WLR 117, [2017] 1 CMLR 29, ECLI:EU:C:2016:675


Bailii, WLRD


Directive 2004/38/EC


England and Wales


CitedRuiz Zambrano (European Citizenship) ECJ 8-Mar-2011
ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the . .

Cited by:

CitedHC, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-Nov-2017
This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC . .
CitedKA and Others (Regroupement Familial En Belgique) (Border Control, Asylum, Immigration – Judgment) ECJ 8-May-2018
Reference for a preliminary ruling – Border control, asylum, immigration – Article 20 TFEU – Charter of Fundamental Rights of the European Union – Articles 7 and 24 – Directive 2008/115/EC – Articles 5 and 11 – Third-country national subject to an . .
CitedPatel v Secretary of State for The Home Department SC 16-Dec-2019
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to
reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union . .
Lists of cited by and citing cases may be incomplete.


Updated: 16 May 2022; Ref: scu.569382